Aurora Duque Balino - Page 4

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          issues for decision are:  (1) Petitioner’s entitlement to                   
          itemized deductions for job expenses, and (2) other miscellaneous           
          deductions.                                                                 
               Because petitioner is not a citizen of, and does not reside            
          in, the United States but earns income in the United States, she            
          is required to file income tax returns for the income she earns             
          in the United States as a nonresident alien.  The income tax form           
          for such taxpayers is Form 1040NR, U.S. Nonresident Alien Income            
          Tax Return.  Petitioner filed a timely return for 2001.  On that            
          return, she reported wage and salary income of $46,534.65,                  
          taxable State and local income tax refunds of $505, and total               
          income of $47,039.65.  She also reported tax-exempt interest                
          income of $264.  See supra note 2.  Petitioner’s return also                
          included a Schedule A, Itemized Deductions, on which she claimed            
          deductions totaling $17,757.  The Schedule A for Form 1040NR                
          differs from the Schedule A for Form 1040 income tax returns for            
          U.S. citizens.  Most notably, Schedule A for Form 1040NR makes no           
          provision for deduction of medical expenses, although Schedule A            
          for Form 1040NR allows deductions for State and local taxes,                
          charitable contributions, job expenses, casualty and theft                  
          losses, and most other miscellaneous deductions.                            


               2(...continued)                                                        
          tax-exempt interest.  In the notice of deficiency, respondent               
          determined that the interest was includable in gross income.  At            
          trial, counsel for respondent conceded that adjustment.                     




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